CJI changed the old rule, now OBC will get reservation in Supreme Court

In a gazette notification issued on July 3, it was stated that the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961, had been amended exercising the powers conferred under Article 146 (2).

The Supreme Court of India has announced reservation for Other Backward Classes (OBCs) in the recruitment of its employees for the first time. This historic move has been taken under the leadership of former Chief Justice DY Chandrachud and current Chief Justice BR Gavai. A gazette notification issued on July 3 stated that the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961 have been amended using the powers conferred under Article 146 (2).

According to the amended Rule 4A, “Reservation for Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Divyangs, ex-servicemen and dependents of freedom fighters in direct recruitment shall be applicable in accordance with the notifications and orders issued by the Government of India from time to time.”

What was there till now?

Till now, there was reservation provision only for SC/ST in Supreme Court staff appointments. There was no clear provision for OBC. This is the first time that OBC category candidates will also get opportunities in court staff appointments. The new reservation system will be post based and not vacancy based. This system is based on the famous R.K. Sabharwal vs State of Punjab decision of a five-judge Constitution Bench of the Supreme Court in 1995.

The decision said that reservation should be decided according to the post and not on the basis of annual vacancies. There should be separate rosters for direct recruitment and promotion. Once a post is allotted to a reserved category, it will remain in the same category permanently, even if the person retires.

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